Tribunal Members: Mr R McPherson and Mr A McMillan Mr D S Heenan v Innseagan House Hotel Limited t/a Innseagan — 2019

On the evidence, the claimant started work at the Innseagan on 18 July 2018. The tribunal found that wages were paid inconsistently, that the claimant expected payment on 30 July 2018 and again on 6 August 2018, and that he raised concerns by email on 8 August 2018 about late payment, missing hours, a payslip and a contract. It also found that on 4 August 2018 Mr Sparkes said, "What do you want? Dick or arse?" in the kitchen, which the claimant found embarrassing and awkward.

The tribunal held that the claimant was dismissed on 14 August 2018. It found that he had been allowed to leave work on 13 August 2018 to sort out his finances, intended to return if paid, and did not clearly resign. The automatic unfair dismissal claim failed because the tribunal found the dismissal was not because he had complained about unpaid wages or because he had raised a grievance about the remark; rather, Mr Smith acted on the mistaken view that the claimant had walked out and had resigned.

The unlawful deduction claim failed because the tribunal did not accept the claimant's hours record as reliable. The notice-pay claim also failed: the tribunal found that he had been employed for less than four weeks, so he was not entitled to statutory notice or a payment in lieu, and no contractual notice entitlement was proved.

The harassment complaint succeeded under section 26 of the Equality Act 2010. The tribunal found the comment was unwanted conduct related to sexual orientation, was made in public in front of colleagues, had the effect of humiliating the claimant, and it was reasonable for it to have that effect. It further found that the respondent had not taken all reasonable steps to prevent harassment, noting the lack of evidence of training or an effective handbook system. The tribunal awarded £800 for injury to feelings and £41.73 interest at 8% from 4 August 2018 to 1 April 2019; no recommendation was sought.